Novitzky led a raid on the California Date Testing center in April of 2004 as part of his investigation into the Bay Area Laboratory Co-Operative. He entered CDT with a search warrant for 10 players connected to BALCO, but seized a computer directory that contained the names of all 104 players who failed the tests. The directory also had confidential drug tests of players from the NFL, NHL and three private businesses.

The Ninth Circuit ruled that the government only had access to the 10 players connected to BALCO.

“I know that he violated my rights and I believe he has done so with many others as well. said Victor Conte, who owned BALCO and has been a consistent critic of Novitzky.